No. 23-6716

Tommy Lee Walker v. United States

Lower Court: Ninth Circuit
Docketed: 2024-02-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing
Key Terms:
Privacy
Latest Conference: 2024-03-01
Question Presented (AI Summary)

Where the firearm at issue was manufactured in California and found in a home in California, did the district court err by refusing to give a requested defense instruction that required the jury to find Mr. Walker knew that the gun had traveled in or affected interstate or foreign commerce before it could convict him for violating 18 U.S.C. § 922(g)?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Where the firearm at issue was manufactured in California and found in a home in California, did the district court err by refusing to give a requested defense instruction that required the jury to find Mr. Walker knew that the gun had traveled in or affected interstate or foreign commerce before it could convict him for violating 18 U.S.C. § 922(g)? 2. Does the Ninth Circuit’s interpretation of the Speedy Trial Act allow trial courts to circumvent the speedy trial guarantee in the Sixth Amendment and the Act by giving them authority to indefinitely suspend jury trials based on local orders and subjective safety concerns without making defendant-specific findings justifying the exclusions of time? i LIST OF PROCEEDINGS United States Court of Appeals for the Ninth Circuit: United States v. Tommy Lee Walker, Nos. 21-10364, 21-1036, 568 F.4th 1227 (9th Cir. May 30, 2023), petition for rehearing en banc denied, United States v. Tommy Lee Walker, Nos. 21-10364, 21-10365, 2023 U.S. App. LEXIS 29816 (9th Cir. Cal., Nov. 8, 2023) United States District Court for the Eastern District of California: United States v. Tommy Lee Walker, No. 2:20-cr-00039-KJM-1 (December 7, 2021) case) and No. 2:20-cr-00206-KJM-1 (December 7, 2021) (revocation of supervised release case). i

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2024-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)

Attorneys

Tommy Lee Walker
Ann Catherine McClintockFederal Defender's Office, Petitioner
Ann Catherine McClintockFederal Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent